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B.H.Gadhavi
A-14-1001
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IN THE CONSUMER DISPUTES REDRESSAL
COMMISSION, GUJARAT STATE AT AHMEDABAD.
Court-2
APPEAL NO. 1001 of 2014
1. The Divisional Managershri,
LIC of India,
Divisional Office,4th Floor,
Jeeevan Prakash Building, Muglisara
Surat-395003
2. Branch Managershri
LIC of India,
Halar, Near General Post office,
Tal & Dist. Valsad-396001
…Appellants
Vs.
Shri Rajesh Gikaldas Panwala
102,Ankit Apartment,
Nani Khatriwad,
Tal. & Dist.: Valsad.
...Respondent
Appearance: Mr. M.J. Shelat Ld. Advocate
For the appellants
Mr. A. N. Patel Ld. Advocate
For the respondent
Coram : Shri M.J.Mehta Judicial Member
Order by Shri M.J.Mehta, Judicial Member
1. Being aggrieved and dissatisfied with the
judgment and order dated 30.12.2013 passed by
the Learned District Forum, Valsad Complaint
No.123 of 2011.
Details
DD
MM
YY
Date of Judgment
24 08
2021
Date of filling
12 03
2014
Duration
12 05
07
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2. The appellant has preferred instant appeal on
the grounds that the impugned order is
arbitrary, perverse and is bad in law.
3. The brief facts of the case are as under: Ilaben
Golakdas Panwala, sister of the complainant had
taken policy of Rs: 3,00,000/- for her life namely
Jeveen
Aastha
Policy
from
the
Appellant/opponent Life Insurance Corporation
of India(LIC).
Appellant/Opponent no. 1 is the Divisional
office
of
the
LIC
at
Surat
while
Appellant/opponent no.2 is the Branch Manager
of Valsad Branch of the LIC. The policy was
taken on 21.01.2009 and it was maturing on
21.01.2014.
The complainant is the nominee of the said
policy. Ilaben died on 29.09.2010. on the death
of the Ilaben complainant who is a nominee of
the policy, had submitted claim with necessary
documents but the Appellant/opponent LIC vide
the letter dated 25.03.2011 repudiated the claim
saying that from the case paper of Praver
Hospital of Dr. Vatsa Patel it was found that
Ilaben was suffering from T.B and Asthma since
5 years and that the said fact was not disclosed
by
Ilaben
in
her
proposal
form
dated
29.01.2009.
Thus saying that Ilaben had suppressed
material fact regarding her illness in the
proposal form, the opponent LIC repudiated the
claim.
However,
the
opponent
insurance
company granted Rs. 47,898/- as ex-gratia
B.H.Gadhavi
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payment. According to the Knowledge of
complainant Ilaben was not suffering from T.B.
and Asthma and that Ilaben had filled up correct
and true particulars in her proposal form. The
LIC has wrongly and illegally repudiated the
claim and has thereby committed deficiency in
service.
Hence, the complainant/respondent has
filed this complaint, the complainant has
claimed Rs. 3,00,000/- amount under the policy
with all benefits, with 9% interest form
25.03.2011 from the appellants/opponents. The
respondent/complainant has also claimed Rs.
10,000/- as compensation for the mental
harassment. The respondent/complainant has
also claimed cost of the complaint.
4. Heard
both
the
sides
Ld.
Advocate
Mr.
M.J.Shelat on behalf of the appellant and Ld.
Advocate Mr. A.N.Patel for the respondent side
and also gone through the record produced, and
judgment of the Trial Forum.
5. Ld. Advocate for the appellant Mr. M. J. Shelat
has
submitted
before
me
that
discharge
summery on record by mark 11/1 by Dr. Vatsa
Patel wherein it is stated that since long 5 years
Diseased Life Assured (herein after referred to as:
“DLA”) was suffering from TB and Asthma so it
should be considered fact that it is well within
the knowledge of the insured but is not disclosed
before filling proposal form and thereby pre-
existing disease case is considered by insurance
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company and repudiated the claim ex-gratia
amount Rs. 47,898/- was allowed.
6. Ld. Advocate Mr. Shelat for the appellant travel
me over
